Re "Fidelite", a DCA presumably... can anyone help?

[AlasPoorYorick]

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Firstly, hello.... again!

I was last here a couple of years ago, and was very grateful of some help I received from various people on here.

I have now returned with a new problem, and wondered if someone might again help? (I've just PayPal'd some cash to AAD, for update to AAD+, and also PayPal'd a bit extra for donation. I hope this helps the maintainers of this web-space, 'cos I'm sure you've helped many people, and I myself have never forgotten the help you gave me a couple of years ago)

Anyway, to come to the point... since receiving your help of 2 years ago, my debt problems have generally diminished considerably, and the DCAs seemed to have given up on me as a lost cause.

However... a few days ago, I received a letter from a company called "Fidelite" demanding money from me. The debt they are referring to has been passed around various DCAs, over approx the last 8 years, such that I myself cannot even remember who the original creditor was!

I might be inclined to ignore this letter from "Fidelite", were it not for the fact that in their letter they state : "Failure to contact Fidelite Credit Management within 7 days will lead to a personal visit being made by one of our representatives to your home."

I'm surprised at this, because they are saying "WILL lead to" rather than "MAY lead to".

I've previously received various DCA letters, way back when, and they always stated "MAY lead to", which basically means they never do.

But this time they are clearly stating "WILL lead to a personal visit being made".

Firstly, I am wondering if they are even allowed to do this? Is a DCA even allowed to threaten an actual home visit?

If they are in fact not, then perhaps I would be wise to send them a warning statement of some kind?

Perhaps AAD has a template of such a 'legal-like' warning letter that I could use...?

Also, this debt being so old, may well be un-enforceable, I guess. And so I am wondering, is the process of sending the DCA a UE template letter much the same as it was a couple of years ago?

I still have that template, that worked so well a couple of years ago (on a different DCA) so I could just print from it again. Is the process much the same as it was 2 years ago re DCA UE template? If not, perhaps someone here could give me the link for a new more up-to-date template re DCA UE...?

Hoping someone or various of you wonderful people can help with my few questions, for now, or provide any other advice as may be deemed appropriate.

I've chucked a bit of cash at AAD this time, so I'm a bit 'extra hopeful' of some help, if you know what I mean. Because, if "Fidelite" DCA are serious about paying me a home visit any day now, then I guess I really need some help/advice as soon as possible.

Thanks for reading this, hope someone can help/advise.


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[MrsD]

Re: Re "Fidelite", a DCA presumably... can anyone help?

I'd just ignore it, DCAs say this all the time but very rarely follow through

We had 23 debts and over 6 years we've had two visits, one was a wee man who dropped his clipboard and scuttled off down the drive when I told him to, 2nd was an officious bugger who the dog chased down the drive........................all debts are now SB..........................simples

[BuzzyBee]

Re: Re "Fidelite", a DCA presumably... can anyone help?

However... a few days ago, I received a letter from a company called "Fidelite" demanding money from me. The debt they are referring to has been passed around various DCAs, over approx the last 8 years, such that I myself cannot even remember who the original creditor was!

I might be inclined to ignore this letter from "Fidelite", were it not for the fact that in their letter they state : "Failure to contact Fidelite Credit Management within 7 days will lead to a personal visit being made by one of our representatives to your home."

I'm surprised at this, because they are saying "WILL lead to" rather than "MAY lead to".

I've previously received various DCA letters, way back when, and they always stated "MAY lead to", which basically means they never do.

But this time they are clearly stating "WILL lead to a personal visit being made".

Firstly, I am wondering if they are even allowed to do this? Is a DCA even allowed to threaten an actual home visit?

Yes, they are allowed to pay you a visit and ring your bell, and so am I, and the Betterware lady, and the Jehovah's Witnesses... You are not obliged to open the door or speak to any of them if they do.

Regardless of wording, most threats of home visits are just empty threats although they may send someone round on the odd occasion, just like the TV Licensing folk who may well have a ratio of 100 letters to one visit.

If they are in fact not, then perhaps I would be wise to send them a warning statement of some kind?

Perhaps AAD has a template of such a 'legal-like' warning letter that I could use...?

One from the olden days, but nothing much has changed, other than it used to quote "OFT rules" and the OFT is no more, so that bit's been taken off.

Dear Sirs

Ref: xxxxxxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

Also, this debt being so old, may well be un-enforceable, I guess.

Have you made any payments in the last six years? If not, it would be statute barred.

And so I am wondering, is the process of sending the DCA a UE template letter much the same as it was a couple of years ago?

I still have that template, that worked so well a couple of years ago (on a different DCA) so I could just print from it again. Is the process much the same as it was 2 years ago re DCA UE template? If not, perhaps someone here could give me the link for a new more up-to-date template re DCA UE...?

Hoping someone or various of you wonderful people can help with my few questions, for now, or provide any other advice as may be deemed appropriate.

That would depend on whether you have paid anything or acknowledged the debt in writing over the last six years. If not, it's statute barred and the letter you would send would be different from the ones that refer to UE.

I've chucked a bit of cash at AAD this time, so I'm a bit 'extra hopeful' of some help, if you know what I mean. Because, if "Fidelite" DCA are serious about paying me a home visit any day now, then I guess I really need some help/advice as soon as possible.

Thanks for reading this, hope someone can help/advise.


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It's very generous of you but a home visit is nothing to worry about, even if it actually takes place. Just because someone rings your bell, it doesn't mean they've got any authority. Think of the Jehovah's Witnesses, would you join them just because they turn up at your door with a leaflet? More worrying would be a threat of court action. You need to check when was the last time you made a payment. If this debt is statute barred, then you can just send the SB letter.

[AlasPoorYorick]

Re: Re "Fidelite", a DCA presumably... can anyone help?

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...........

One from the olden days, but nothing much has changed, other than it used to quote "OFT rules" and the OFT is no more, so that bit's been taken off.

Dear Sirs

Ref: xxxxxxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

Thanks, BuzzyBee. :-) I have copy/pasted, and shall use if it becomes necessary.

Have you made any payments in the last six years? If not, it would be statute barred.

Well, casting my mind back, I think I probably HAVE actually made payments within the last 6 years, but not to Fidelite DCA, of course, but to some other DCA that managed the SAME original debt. I would have paid very small monthly amounts, which is all I could afford at the time, anyway. As I recall, I was making minimal payments to various DCAs up until approx 2 years ago, when my biggest debt was completely written off as UE (after receiving help from AAD). I then simply dropped all other payments to DCAs, and they all just seemed to slink away.

But now this "Fidelite" DCA have suddenly popped up demanding money.

So, i think it is not SB, but it may well be UE. So... to repeat what I said in previous post : "And so I am wondering, is the process of sending the DCA a UE template letter much the same as it was a couple of years ago? I still have that template, that worked so well a couple of years ago (on a different DCA) so I could just print from it again. Is the process much the same as it was 2 years ago re DCA UE template? If not, perhaps someone here could give me the link for a new more up-to-date template re DCA UE...?"

A home visit is nothing to worry about, even if it actually takes place.....

Thanks for this reassurance, I do appreciate it. :-)

More worrying would be a threat of court action.

There has been no mention of court action.

You need to check when was the last time you made a payment.

I am certain enough it would be approx 2 years ago, same debt but different DCA.


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[Never-In-Doubt]

Re: Re "Fidelite", a DCA presumably... can anyone help?

If you've previously sent a CCA request and they're in default then no need for another.

If you want to access all templates inc the CCA visit -> http://forums.all-about-debt.co.uk/f...mplate-Letters

The fact you've paid - period - cancels SB. No more payments now yea

Thanks for your donation. It's much appreciated.

[AlasPoorYorick]

Re: Re "Fidelite", a DCA presumably... can anyone help?

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If you've previously sent a CCA request and they're in default then no need for another.

But the previous CCA request was sent (2 years ago) to a DIFFERENT DCA for a DIFFERENT debt.

If you want to access all templates inc the CCA visit -> http://forums.all-about-debt.co.uk/f...mplate-Letters

Many thanks. :-)

Thanks for your donation. It's much appreciated.

You are very welcome. :-) Keep up the good work! :-)


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[Never-In-Doubt]

Re: Re "Fidelite", a DCA presumably... can anyone help?

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But the previous CCA request was sent (2 years ago) to a DIFFERENT DCA for a DIFFERENT debt.

Well send a CCA request then.

[AlasPoorYorick]

Re: Re "Fidelite", a DCA presumably... can anyone help?

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Well send a CCA request then.

Shall do, very soon. :-)

I'll let y'all know what happens, if anyone interested. (Or I'll ask for more advice, if I need it)

Thanks again.

Keep up all the good work!

:-)

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[Never-In-Doubt]

Re: Re "Fidelite", a DCA presumably... can anyone help?

If you don't send a CCA and they issue a claim it's harder to defend. Best to put them on the back foot early - get a CCA sent off ASAP as it will give you better points to defend should a claim arrive post CCA request.

Don't delay. Send a CCA request and £1 fee to the dca ASAP

[Gerry Jemitus]

Re: Re "Fidelite", a DCA presumably... can anyone help?

Fidelite used to be known as Scotcall. As others have said, they rarely follow through on threats of home visits, so I wouldn't worry, and I certainly wouldn't bake a cake for them…...

[Never-In-Doubt]

Re: Re "Fidelite", a DCA presumably... can anyone help?

Fidelite used to be known as Scotcall. As others have said, they rarely follow through on threats of home visits, so I wouldn't worry, and I certainly wouldn't bake a cake for them…...

What, no tea & cake? Gerry.....

[AlasPoorYorick]

Re: Re "Fidelite", a DCA presumably... can anyone help?

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Re "Fidelite" :

The things one can find on the internet, eh....

https://beta.companieshouse.gov.uk/c...27277/officers


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[Joanna Connolly]

Re: Re "Fidelite", a DCA presumably... can anyone help?

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Re "Fidelite" :

The things one can find on the internet, eh....

https://beta.companieshouse.gov.uk/c...27277/officers


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there's a large number of resignations.................

[nanna58]

Re: Re "Fidelite", a DCA presumably... can anyone help?

You could include the telephone harassment letter with the CCA request. x

[AlasPoorYorick]

Re: Re "Fidelite", a DCA presumably... can anyone help?

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UPDATE !

On what has been happening, if anyone is interested…. :

I posted the CCA request, and included my £1 fee, and used the tamper-proof signature thing.

I also told them (in the same letter, but on a seperate page) that they were not allowed to visit my home and I quoted appropriate legal stuff re 'revoking license under Common Law for DCA to visit me at my home'.

I wrote/designed this entire letter VERY carefully.

I posted it by Royal Mail Special Delivery, to ensure I would have "Proof of Delivery".

I know for certain that they received it.

I heard nothing at all for approximately 10 days, then, with no forewarning, they paid me a home visit !

I happened to be out at the time, so they left a card. The card stated : I called today for the FINAL time regarding your account.

Strange that, saying 'final', being as I have absolutely no evidence to suggest this DCA had ever visited me in the past.

'First & Final' might have made more sense, perhaps…?

Well, whatever. I was still very surprised that they visited at all, especially after I had forbidden them from doing so, and also after I had clearly made the CCA request. Maybe they wanted to spook me a bit, before giving in?

Their visit was getting very close to the CCA request statutory time limit (12 + 2 days), so I then posted them a reminder, to say that time is now getting very close to the CCA request statutory time limit, and I expect appropriate documentation to be sent to me very soon, before expiration of statutory time limit. I also told them that I know for certain that they received my original CCA request, and, as proof of this, with my reminder letter I enclosed a photocopy of the Royal Mail Special Delivery "Proof of Delivery" document. (In fact I also enclosed a photocopy of the original CCA request, itself)

This entire reminder documentation was written/designed VERY carefully.

I posted the reminder documentation by Royal Mail Special Delivery, to ensure I would have "Proof of Delivery".

There is no way they can pretend they have not received my CCA request. I know they have received it, and I know they received my reminder.

Well… they have now replied, and just within the statutory time limit.

Their reply letter states that… having read my recent correspondence, they are raising a query with the client, and in the meanwhile placing a hold on the account, to prevent any collections activity (calls & letters)

By 'the client' I believe they are referring to a previous DCA, because further up in the 'reference' section of the letter they state the creditor as being a DCA called "Cabot Financial Ltd".

I guess they bought the debt off Cabot. Or Cabot will pay a percentage to Fidelite, if Fidelite can get some money out of me. Or perhaps Fidelite is just another 'department' within Cabot. Or something.

Well, whatever, I doubt that Cabot have much in the way of paperwork regarding this debt, and Cabot in turn will have to refer back to another previous DCA, or something. (The debt is approx 8 years old, and I myself honestly cannot even remember who the original lender was)

In their letter to me, Fidelite state that the query process can take some time, but I should be assured that the account remains 'on hold', until they have a reply from the client. When they receive a response from the client, then Fidelite will be in contact with me again.

I presume, therefore, that this latest letter from Fidelite implies the debt WILL still be enforceable IF anyone can find the original documentation, regardless of how long it takes to find.



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